Jump to content


  • Tweets

  • Posts

    • Well you could say that you have pictures where the signs were not on the wall where you parked so would require strict proof of when they were erected . But in any case it was dark so even if a sign was there you didn't see as it was not illuminated. Little point in not having signs that can be seen at night though it obviously makes it easier to issue PCNs and pursue motorists claiming they have breached non contractual contracts whilst breaching those same motorist's GDPR.
    • It fizzled out, they kept delaying the complaints process. In the end I believe they stopped charging me for a bunch of services, unsure if it was deliberate or a mistake so I stopped bringing it up. Ultimately we bought a house and moved out.
    • There are so many factors, and local elections are often far more about local issues and people, but the one previously general rule in a general election are that the hard core Tories vote Tory and hard core Labour voters vote labour   Gaza seems to have dulled both the muslim and Jewish labour votes more than the Tories - and I can see why - but do the muslim voters really think that the Tories will do ANYTHING other than talk and then do whatever the Americans say - and thats support Israel whatever they do first and foremost in real terms? Reform has unquestionably affected the Tory local vote - so should affect the GE vote a bit more, but has largely been factored in - reform isnt new in any way - its all Brexitish although there seem to be far more ex 'conservative' core reform/ukip/brexitish voters than ex 'labour' core voters - about 6-8% of the national vote in a GE seems to me. A little up on prior brexitish/faragits scores But the large swathes of center ground voters who decide who wins the election seem to have utterly deserted the Tories in their millions - although they have gone to labour, libdems and greens - and many real conservatives are in limbo despite Sunak being naturally more a thatcherite than most - his party currently seems far less so. Johnson promised much, and many were taken in, just as people (inc me) made that mistake with Farage in the early days - but we now know that they are self serving liars who can't be trusted with anything - although I still think it likely The Liar will be back - but most likely after the GE (60/40) Starmer is lacking in charisma and presence, but others in his cabinet should shine. But Corbynistas could still cause trouble - another group that seem happy to drag everything down if they think it suites   Johnson perhaps could reunite some of the Tory party - but he seems to have numerous criminal and political convistions sitting in the background should he try Lying about giving preference to dogs in the Afghan evacuations - and lying about it Unlawfully proroguing parliament embezzlement re funds and spending (eg flat referb) .. repeatedly Taking jobs before he should after being booted - should lose his PM pension and rights over that IMO the list goes on ad nauseam
    • Hi I am negotiating with my ex (commercial) landlord's solicitor for a debt I owe for rent. This has been going on for a little while and I expect they may go ahead with the court action they threaten. I wanted to ask however, In the event this action goes ahead, I think will have a response pack sent to me from the court, along with the claim. Google tells me that a section of this response pack is a 'Admit the claim and ask for time to pay'. Would this time to pay, if accepted also mean a CCJ registered against me? Thanks
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Barclaycard


Duffers Mum
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5640 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I know someone who has dealt with mercers and they offer repayment plans for customers with difficulties to pay 1% of the balance for 6 mths then to be reviewed again. Not sure what your balance is but they stop interest after 2 payments which could help a lot as the balance will be frozen otherwise the balance will just go up every month with interest. I dont know how big your balance is and whether this info will help you. from what ive heard, the reason some companies dont accept token payments anymore is because the debt is not being repaid back enough and they are getting so many letters and complaints at not accepting token payments its taking time to reply personally. Do you know how many months arrears your account is in? and what % of the balance have you offered as full and final?

Link to post
Share on other sites

  • Replies 259
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Missy I won't pay a penny to Mercers as Barclaycard passed the account to them whilst it was in dispute. I asked B/C for a copy of my credit agreement and they haven't provided the correct documentation, yet have continued to add interest and charges. I've offered them a reasonable amount bearing in mind they haven't complied with my request. Barclaycard have been an absolute nightmare to deal with, I just want to see the back of them!

Link to post
Share on other sites

  • 3 weeks later...

I have today received another letter from Barclaycard saying they are still looking into my complaint and hope to have a response by the end of July, still don't know what complaint they are on about though! The only letters I have sent have been asking why they haven't responded to my F&F, but these certainly weren't headed complaint. Very odd. I haven't received any threat-o-grams from either them or Mercers since I've received these two letters, would an official complaint put a hold on things?

Link to post
Share on other sites

Yes a official complaint would put things on hold

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

But it wasn't an official complaint, merely a letter asking why they haven't responded to my F&F offer. Oh well I guess I'll have to wait until next month to see what they say and in the interim earn interest on the money i've put aside for these companies, none of whom actually seem to want it!

 

Has the baby arrived yet?

Link to post
Share on other sites

  • 2 weeks later...

Have received a reply from Barclaycard today advising they will accept £xxxx in full and final settlement. I have checked back and my balance when I asked for reduced payments was £500 over that amount so they have actually agreed to settle at a lower amount, however that is still too high for me. They suggest i contact CAB or CCCS as part of their commitment to supporting customers in financial difficulty if they are formally approached on my behalf they would be pleased to consider their recommendations. I obviously don't want to go down this road. Do you think its worth going back and asking if they will accept say £1,000 less than they want, which would actually £1,500 more than I originally offered and if so what do you think the chances are that they would accept this? I'm not worrying about my Goldfish account at the moment because Cabot can't find the agreement and my account is on hold, I suspect they will not be able to find the agreement therefore I could use part of the money i've put aside for them to pay Barclaycard a bit more. Still waiting to hear from M&S and Sainsburys are being a pain as per usual, I owe them more than Barclaycard, its difficult to know what to do for the best so any advice would be greatly appreciated. Thanks :)

Link to post
Share on other sites

you could alwys ask them to accept less and remember it does have to be on your terms tho.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Letter sent off to B/C asking if they will meet halfway, in what i've offered and what they want, advising offer open for 14 days and if I don't hear from them offer will be withdrawn, funds used to pay off other creditors and token payments will be all they get. Be interesting to see what they come back with!

Link to post
Share on other sites

Oh good your standing your ground.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Well i've nothing to lose, if they take me to court, they take me to court, bearing in mind my OH has had to take early retirement and I've just reduced my hours to 3 days a week they aren't going to get much more per month than what I pay now, and provided I pay what the court tells me to there is nothing more B/C can do, they can't go for a charging order unless I don't stick to whats been ordered. It would take me donkeys years to pay off the balance. Personally I think B/C would be stupid to refuse my offer, but we all know they are not very bright. I'm not going to worry anymore about these companies, I used to be terrified of going to court, but not now, especially as they haven't provided the correct documentation, therefore they might end up with didly squat! :)

Link to post
Share on other sites

AARRGGHHH, I have now officially lost the will to live! What is it with Barclaycard, does the right hand not know what the left hand is doing. Following on from my posts above B/C have suggested I settle at £XXX, I have gone back to suggest the meet me halfway. How silly of me to think that during the interim time of letters they wouldn't do something stupid. Today I have received a Formal Demand from Credit Solutions. Now why would B/C think I would pay Credit Solutions when I have so far refused to pay B/C or Mercers? The letter contains the usual doorstep collector or we will recommend our client commences legal proceedings againsts you blah blah. Bring it on I say! Their letter also says I wont' receive statements, and that interest will be charged at 1% per month on the outstanding balance.

 

I am going to respond to Credit Solutions with the same letter I sent to Mercers, i.e account was in dispute shouldn't be transferred, no charges etc, and also with the you don't have permission to visit my home sentance as well. I will also politely suggest they return the account to Barclaycard as they are at the present time trying to negotiate a full and final settlement with me. I am also going to send yet another letter of complaint to Barclaycard and send yet another email to Northampton TS.

Is this a usual B/C ploy...to send it round to different DCA's?

 

Right off to email Credit Solutions now!

Link to post
Share on other sites

Go give them hell.

 

Any way they cant send a final demand as a first letter.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Well this is what I've emailed them, should I send it via recorded delivery letter to do you think:-

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

WITHOUT PREJUDICE

 

I was rather surprised to receive a letter from you today in connection with my Barclaycard Account. I am sending you the same response as I sent to Mercers and to Barclaycard:-

 

My account with Barclaycard is currently in dispute as they have not complied with my request for a copy of my credit agreement as requested under the consumer credit act. This request has been outstanding for approximately 12 months. As my account with them is in dispute, interest and charges should have ceased and my account SHOULD NOT BE TRANSFERRED TO ANY THIRD PARTY. It also remains unenforceable.

 

In 2007 I wrote to Barclaycard requesting that they supply me with a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection.

 

I therefore politely suggest you return my account to Barclaycard as I will not be communicating with your company further over this matter until such time as Barclaycard provide me with correct documentation as requested under the Consumer Credit Act. Furthermore Barclaycard are currently being investigated on my behalf by Northampton Trading Standards, to whom I will also be sending a copy of your letter.

 

You do not have my permission to send a doorstep collector to my address and I must advise if anybody should turn up they will be reported to the police for trespass.

 

By all means recommend to your client that they commence action against me in the County Court as without the proper documentation there can only be one outcome and that would obviously be in my favour.

 

I therefore look forward to receiving your confirmation that you have returned this account to Barclaycard.

 

With the kindest regards

 

 

I really don't understand the mentality of these CC companies, why would somebody respond to one DCA if they haven't responded to any of the others. Its crazy, but I suppose its just the way their computers are programmed. Another think that surprised me is that B/C are in communciation with me about a reduced settlement and the figure they have said they will suggest is a fair bit lower than the Credit Solutions are asking for in their Formal Demand. Left hand obviously doesn't know what right hand is doing! :)

Link to post
Share on other sites

Yes send the same buy recorded delivery just so you have further proof it was sent and recieved.

 

it is pretty obvious that the left hand never knows what the right hand is doing with most of these companys.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

RESULT! Letter received from Barclaycard today stating they will accept my F&F offer and I have to contact Credit Solutions within 14 days to arrange payment. Whilst I know I could have held out and not had to pay them anything, I just want to get these creditors off my back. Barclaycard have confirmed that no further action will be taken to recover the remaining balance and they confirm the account has been closed. The CRA;s will be amended to show debt satisfied with partial settlement, now I know I could argue over this, but to tell the truth I'm not that bothered.

 

Will B/C's letter be enough to hold off further action from DCA;s in the future?

 

The F&F offer I made is about 40% of the outstanding balance, so its more than what I offered in the first place but considerably less than what B/C wanted, so I'm happy to get rid of them once and for all.

 

If anybody could advise me about my question about re the confirmation that I won't be chased I would be very grateful.

 

Just wish Sainsburys would take heed and do the same!

 

One other thing, should I actually just pay Barclaycard direct and not even bother going to Credit Solutions?

Edited by Duffers Mum
Added something else!
Link to post
Share on other sites

yes it should be enough.

 

Either way you have it in writing so if they do pass the outstanding debt on the you can sue them for breech of the agreement and u can sue the new company for harassement.

 

Your call on who u paybut i would make CS aware of the settlment and that you have paid encluding the proof of payment.

 

Your best bet is to send a cheque or postal order and then get proof to say it was cashed. Also when u contact CS to either arrange payment to to advise them of the settlement photocopy the letter and send it aswell. Make sure u send any payments buy recorded delivery and the same with the letters.

 

Oh and Well done.

Edited by The GodMother
adding something.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

GM - thanks for the advice :) I don't really want to ring CS I suppose I could write, sending it special delivery so it gets there the next day, enclosing a copy of B/C's letter and asking who I make the cheque payable to. Ideally i would prefer to pay Barclaycard but if they say I have to pay CS then I will, but I first require their confirmation in writing that they won't chase for remainder of the debt or pass on to another DCA. I will get letter sent off on Monday.

 

I'm just relieved to have one out of the way, waiting to hear from Cabot re my cheeky offer for my Goldfish account which they can't even provide an application form let along a CCA, so fingers cross they accept too, also waiting on Citi, Sainsburys are just being very annoying! But if i can get the others to accept i'll now how much I have left to barter with on my Sainsbury's account!

 

Oncea again, thank you so much for all your help and assistance, its greatly appreciated. :)

Link to post
Share on other sites

your welcome.

 

the fact that BC have said the rest wont be chased for means NO ONE can chase it this encludec CS even if they dont lik it.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

erm paul what is Estoppal?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

To be honest, it is a difficult subject to try and explain, unless you understand subjects such as equity and contract law etc theres no real point me trying to explain the full details

 

however i did find this which sets out the basics

 

For an example of estoppel, consider the case of a debtor and a creditor. The creditor might unofficially inform the debtor that the debt has been forgiven. Even if the original contract was not terminated, the creditor may be estopped from collecting the debt if the creditor changes its position later.

  • Haha 1
Link to post
Share on other sites

GM and PT, thanks for putting my mind at rest on that one! I must admit I never thought Barclaycard would settle for anything less than the full balance so am delighted they have, now just need to get Sainsburys to do the same! Citi is a small debt anyway and if push comes to shove I could pay all that off, M&S happy to accept token payments for another 12 months with no interest and charges, seems silly to push for an F&F as they have already refused 2 offers, I'll try again next year. Goldfish and Cabot..hmmm will have to wait and see what transpires on that one.

 

One thing I do know though is that without all the advice and help i've received from CAG it would probably have been an entirely different story, thank goodness for Google and the net I say!

 

Hopefully I'll be able to pass on some of the things I've learnt to newer members and get them to see there is always light at the end of the tunnel and you should never give up!

 

Thanks once again :)

Link to post
Share on other sites

your welcome DM.

No i will never give up. I am on other cases already.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...